Bullying / Harassment


Students with disabilities are bullied and harassed in a greater proportion than the rest of the population. If bullying is a problem for your child, you need to immediately convene your child’s IEP team and devise strategies for the school to stop the bullying and strategies for your child to cope with and report future incidents.

A bullied child who is bullied because of a special class -- such as gender,disability, race etc. -- may have a cause of action against the school under a Title IX construct that among other things turns on whether or not the school responded to the bullying with "deliberate indifference."

There are cases under the IDEA and Section 504 essentially holding that a school environment that is not safe because of bullying is not an "appropriate" placement - entitling kids to out of district placements, compensatory education services, etc.

Indiana has enacted laws to address bullying of students of typical and special education students:

20-33-8-0.2 Bullying

Chapter 8. Student Discipline

Sec. 0.2. As used in this chapter, "bullying" means overt, repeated acts or gestures, including:

(1) verbal or written communications transmitted;

(2) physical acts committed; or

(3) any other behaviors committed; by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the other student.


IC 20-33-8-13.5 Discipline rules prohibiting bullying required

Chapter 8. Student Discipline

Sec. 13.5. (a) Discipline rules adopted by the governing body of a school corporation under section 12 of this chapter must:

(1) prohibit bullying; and

(2) include provisions concerning education, parental involvement, reporting, investigation, and intervention.

(b) The discipline rules described in subsection (a) must apply when a student is:

(1) on school grounds immediately before or during school hours, immediately after school hours, or at any other time when the school is being used by a school group;

(2) off school grounds at a school activity, function, or event;

(3) traveling to or from school or a school activity, function, or event; or

(4) using property or equipment provided by the school.

(c) This section may not be construed to give rise to a cause of action against a person or school corporation based on an allegation of noncompliance with this section. Noncompliance with this section may not be used as evidence against a school corporation in a cause of action.


IC 5-2-10.1-11 School safety specialist training and certification program

Chapter 10.1. Indiana Safe Schools Fund

Sec. 11. (a) The school safety specialist training and certification program is established.

(b) The school safety specialist training program shall provide:

(1) annual training sessions, which may be conducted through distance learning or at regional centers; and

(2) information concerning best practices and available resources; for school safety specialists and county school safety commissions.

(c) The department of education shall do the following:

(1) Assemble an advisory group of school safety specialists from around the state to make recommendations concerning the curriculum and standards for school safety specialist training.

(2) Develop an appropriate curriculum and the standards for the school safety specialist training and certification program. The department of education may consult with national school safety experts in developing the curriculum and standards. The curriculum developed under this subdivision must include training in identifying, preventing, and intervening in bullying.

(3) Administer the school safety specialist training program and notify the institute of candidates for certification who have successfully completed the training program.

(d) The institute shall do the following:

(1) Establish a school safety specialist certificate.

(2) Review the qualifications of each candidate for certification named by the department of education.

(3) Present a certificate to each school safety specialist that the institute determines to be eligible for certification.

SCHOOL FACES POSSIBLE LIABILITY FOR STUDENT-TO-STUDENT HARASSMENT
The U.S. District Court, Southern District of New York allowed a mother to move forward with her claim that the Hyde Park Central School District intentionally discriminated against her son's developmental disorder and dyslexia. K.M. ex rel. D.G. v. Hyde Park Central Sch. Dist., 44 IDELR 37 (S.D.N.Y. 2005). The court ruled that the district could be liable under Title II and Section 504 for its alleged failure to address peer-to-peer disability-based harassment among its students.

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